SB-0435, As Passed Senate, April 29, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 435

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8152 (MCL 600.8152), as amended by 2002 PA 92.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8152. (1) The Except as provided in subsections (2) and

(3), the eighty-seventh district consists of the counties of

Kalkaska and Otsego, is a district of the first class, and has 1

judge. Effective April 1, 2003, the eighty-seventh district

consists of the counties of Crawford, Kalkaska, and Otsego, is a

district of the first class, and has 1 judge.

     (2) If the condition in subsection (3) is met, all of the

following apply effective January 2, 2009:

     (a) The eighty-seventh district consists of the county of

Otsego, is a district of the first class, and has 1 judge, and

shall be redesignated as the eighty-seventh-A district.

     (b) The eighty-seventh-B district consists of the county of

Kalkaska and is a district of the first class. Pursuant to section

810a, the Kalkaska county probate judge shall serve as judge of the

eighty-seventh-B district.

     (c) The eighty-seventh-C district consists of the county of

Crawford and is a district of the first class. Pursuant to section

810a, the Crawford county probate judge shall serve as judge of the

eighty-seventh-C district.

     (3) Subsection (2) does not take effect unless the county of

Otsego by resolution adopted by the governing body of the district

funding unit approves the reformation of the eighty-seventh

district and its redesignation as the eighty-seventh-A district and

files a copy of the resolution with the state court administrator.

     Enacting section 1. The judge of the eighty-seventh district

at 11:59 p.m. on January 1, 2009, who resides in the county of

Otsego, shall serve as judge of the eighty-seventh-A district for

the balance of the term to which he or she was elected or appointed

judge of the eighty-seventh district.

     Enacting section 2. If Otsego county, acting through its

governing body, approves the reformation of the eighty-seventh

district to consist of the county of Otsego with 1 district

judgeship, that approval constitutes an exercise of the district

funding unit's option to provide a new activity or service or to

increase the level of activity or service offered in the district

funding unit beyond that required by existing law, as the elements

of that option are defined by 1979 PA 101, MCL 21.231 to 21.244,

and a voluntary acceptance by the district funding unit of all

expenses and capital improvements that may result from reformation

of the district. However, the exercise of the option does not

affect the state's obligation to pay the same portion of each

judge's salary which is paid by the state to other district judges

as provided by law, or to appropriate and disburse funds to the

district funding unit for the necessary costs of state requirements

established by a state law which becomes effective on or after

December 23, 1978.